OVERVIEW OF DUBAI’S LEGAL SYSTEM

In a fast-paced and ever-changing world (accelerated further due to the coronavirus (COVID-19) pandemic), it is a testament to the dynamism and robustness of Dubai’s legal industry that international businesses still choose to set up and manage operations from Dubai. In this article we provide the reader with an overview of the major facets of Dubai’s judicial system. While being part of the wider United Arab Emirates (UAE) judicial landscape, Dubai’s legal system is itself a trend setter which continues to develop and is most definitely unique.

The UAE constitution

The UAE is a federation of seven emirates, governed according to its constitution. The constitution permits each emirate to have its own legislative body and judicial authority, thereby providing for an allocation of powers between the federal and local governments. It is due to this allocation of powers that the emirate of Dubai finds itself subject to the application of UAE federal laws while, at the same time, enjoying the ability to promulgate emirate specific legislation.

Sources of UAE law

The UAE is a civil law jurisdiction and therefore much of its legislation is codified and can be found in various ‘codes’ of law. UAE law (both principles as well as its procedure) is heavily based upon the Egyptian legal system, as well as certain core principles having a basis in Islamic Shari’ah (although the majority of Shari’ah-relevant laws are now found in family law legislation).

Apr-Jun 2021 issue

Horizons & Co